BES & BEU v Department of Family and Community Services [2014] NSWCATAD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BES & BEU v Department of Family and Community Services [2014] NSWCATAD 65 Hearing dates: 3 March 2014 Decision date: 03 March 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member J Goodman-Delahunty, General Member Dr M Field, General Member Decision: 1. Decision of the respondent is affirmed. 2. Pursuant to subs 32(2) of the Community Services (Complaints, Reviews and Monitoring) Act 1998, the Tribunal recommends: (a) The respondent action, as a matter of urgency, each of the recommendations made by Ms Kay Langfield, in her report dated 24 February 2014, and (b) Any assessment about the child B's attachments is made by a suitably qualified professional who has had no previous involvement in this matter. Catchwords: Administrative review - review of decision to remove from an authorised carer the responsibility for the daily care and control of a child - whether the decision is the correct and preferred decision at the time of review. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Children and Young Persons (Care and Protection) Act 1998 Community Services (Complaints, Reviews and Monitoring) Act 1993 Category: Principal judgment Parties: BES & BEU (applicants) Department of Family and Community Services Representation: W Sear (Applicants) J Smith (Respondent) File Number(s): 1410051 Publication restriction: S 65 of the Civil and Administrative Tribunal Act 2013 - the names of the applicants and the children the subject of the application are not to be published without the leave of the Tribunal